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Mediation Should Be For Resolving The Matter Not To Reconcile The Marriage: Omar Abdullah To SC

National Conference leader Omar Abdullah had moved the Supreme Court challenging a Delhi High Court decision, which rejected his plea seeking divorce from his wife on the grounds of cruelty.

Mediation Should Be For Resolving The Matter Not To Reconcile The Marriage, Omar Abdullah To SC
File photo of National Conference leader Omar Abdullah (ETV Bharat)
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By Sumit Saxena

Published : Aug 30, 2024, 10:10 PM IST

New Delhi: The Supreme Court on Friday asked National Conference leader Omar Abdullah and his estranged wife Payal Abdullah to appear for mediation to explore the possibility of a settlement.

A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah said it would schedule the matter for hearing on November 4, after a report from the Supreme Court Mediation Centre is submitted.

The apex court suggested that the parties attempt mediation. Senior Advocate Kapil Sibal, represented Omar Abdullah, and Senior Advocate Shyam Divan, represented Payal Abdullah. They both agreed to the mediation proposal.

Sibal contended before the bench that while his client is open to mediation, it should be to resolve the matter rather than reconcile the marriage. He stressed that the couple has been living separately for the past 15 years. The bench observed that it is an attempt to seek a settlement, though it is understood that some marriages may not be reconcilable while scheduling the next hearing in November.

Abdullah, the former chief minister of the erstwhile state of Jammu and Kashmir had moved the apex court challenging a Delhi High Court decision, which rejected his plea seeking divorce from his wife on the grounds of cruelty.

On July 15, after hearing submissions from Sibal, the apex court issued a notice to Payal Abdullah and sought her response within six weeks. In his plea in the apex court, Omar sought divorce on the grounds of cruelty.

In December 2023, the Delhi High Court junked Omar Abdullah's plea seeking divorce saying that there was no merit in his appeal. In 2016, a family court declined to grant a decree of divorce to Abdullah saying that the allegations of cruelty against Payal Abdullah were vague, and also noted that he could not prove claims of "cruelty" or "desertion". The High Court had upheld the family court’s order. Omar and Payal Abdullah share custody of their two sons.

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New Delhi: The Supreme Court on Friday asked National Conference leader Omar Abdullah and his estranged wife Payal Abdullah to appear for mediation to explore the possibility of a settlement.

A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah said it would schedule the matter for hearing on November 4, after a report from the Supreme Court Mediation Centre is submitted.

The apex court suggested that the parties attempt mediation. Senior Advocate Kapil Sibal, represented Omar Abdullah, and Senior Advocate Shyam Divan, represented Payal Abdullah. They both agreed to the mediation proposal.

Sibal contended before the bench that while his client is open to mediation, it should be to resolve the matter rather than reconcile the marriage. He stressed that the couple has been living separately for the past 15 years. The bench observed that it is an attempt to seek a settlement, though it is understood that some marriages may not be reconcilable while scheduling the next hearing in November.

Abdullah, the former chief minister of the erstwhile state of Jammu and Kashmir had moved the apex court challenging a Delhi High Court decision, which rejected his plea seeking divorce from his wife on the grounds of cruelty.

On July 15, after hearing submissions from Sibal, the apex court issued a notice to Payal Abdullah and sought her response within six weeks. In his plea in the apex court, Omar sought divorce on the grounds of cruelty.

In December 2023, the Delhi High Court junked Omar Abdullah's plea seeking divorce saying that there was no merit in his appeal. In 2016, a family court declined to grant a decree of divorce to Abdullah saying that the allegations of cruelty against Payal Abdullah were vague, and also noted that he could not prove claims of "cruelty" or "desertion". The High Court had upheld the family court’s order. Omar and Payal Abdullah share custody of their two sons.

Read More

  1. ‘No Coercive Action’: SC Protects TV Journalist Regarding Gangster Lawrence Bishnoi's Interview
  2. SC Collegium Recommends Elevation Of Advocate Tejas Dhirenbhai Karia As Delhi HC Judge
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